Canada floods cut rail link to Vancouver port; one dead

By Artur Gajda and Rod Nickel

MERRITT, British Columbia (Reuters) -Floods and landslides that have killed at least one person have cut all rail access to Canada’s largest port in the city of Vancouver, a spokesperson for the port said on Tuesday.

Two days of torrential rain across the Pacific province of British Columbia touched off major flooding and shut rail routes operated by Canadian Pacific Rail and Canadian National Railway, Canada’s two biggest rail companies.

“All rail service coming to and from the Port of Vancouver is halted because of flooding in the British Columbia interior,” port spokesperson Matti Polychronis said.

At least one person was killed when a mudslide swept cars off Highway 99 near Pemberton, some 100 miles (160 km) to the northeast of Vancouver.

Two people were missing and search and rescue crews were combing through the rubble, officials said.

Vancouver’s port moves C$550 million ($440 million) worth of cargo a day, ranging from automobiles and finished goods to essential commodities.

The floods temporarily shut down much of the movement of wheat and canola from Canada, one of the world’s biggest grain exporters, during a busy time for trains to haul grain to the port following the harvest.

Drought has sharply reduced the size of Canada’s crops this year, meaning a rail disruption of a few days may not create a significant backlog, a grain industry source told Reuters.

Del Dosdall, senior export manager at grain handler Parrish & Heimbecker, said he expected some rail services could be restored by the weekend. Another industry source said he expected the shutdown to last weeks.

OIL PIPELINES SHUT DOWN

Floods have also hampered pipelines. Enbridge Inc shut a segment of a British Columbia natural gas pipeline as a precaution.

The storms also forced the closure of the Trans Mountain pipeline, which carries up to 300,000 barrels per day of crude oil from Alberta province to the Pacific coast.

Copper and coal miner Teck Resources Limited said the floods had disrupted movement of its commodities to its export terminals, while potash exporter Canpotex Ltd said it was looking for alternatives to move the crop nutrient overseas.

Directly to the south of British Columbia, in the U.S. state of Washington, heavy rain forced evacuations and cut off electricity for more than 150,000 households on Monday.

The U.S. National Weather Service on Tuesday issued a flash flood in Mount Vernon, Washington, “due to the potential for a levee failure.”

Some areas of British Columbia received 8 inches (20 cm) of rain on Sunday, the amount that usually falls in a month.

Authorities in Merritt, some 120 miles (200 km) northeast of Vancouver, ordered all 8,000 citizens to leave on Monday as river waters rose quickly, but some were still trapped in their homes on Tuesday, said city spokesman Greg Lowis.

Snow blanketed the town on Tuesday and some cars could be seen floating in the flood waters up to 4 feet (1.22 m) deep.

The towns of Chilliwack and Abbotsford ordered partial evacuations.

Abbotsford also issued an emergency warning on Tuesday night, asking all residents to evacuate the Sumas Prairie region immediately as deteriorating conditions posed a significant threat to lives.

Rescuers equipped with diggers and body-sniffing dogs started clearing mounds of debris that have choked highways.

The landslides and floods come less than six months after a wildfires gutted an entire town in British Columbia as temperatures soared during a record-breaking heat dome, raising new worries about climate change.

(Reporting by Artur Gajda in Merritt and Rod Nickel in Winnipeg; additional reporting by David Ljunggren in Ottawa, Nia Williams in Calgary, Ismail Shakil in Bengaluru, Brad Brooks in Lubbock, Texas and Dan Whitcomb in Los Angeles, Maria Ponnezhath in Bengaluru; editing by Ed Osmond, Jonathan Oatis, Aurora Ellis and Sandra Maler)

U.S. Supreme Court tackles pipeline company’s bid to seize New Jersey land

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Wednesday wrestled with a bid by a group of energy companies seeking to seize land owned by New Jersey to build a $1 billion natural gas pipeline, as the state argues that its rights would be trampled.

The justices heard arguments in an appeal by PennEast Pipeline Company LLC, a joint venture backed by energy companies including Enbridge Inc., of a lower court ruling in favor of New Jersey’s government, which opposes the land seizure.

Other companies in the consortium for the 116-mile (187-km) pipeline from Pennsylvania to New Jersey include South Jersey Industries Inc, New Jersey Resources Corp (NJR), Southern Co and UGI Corp.

At issue in the case is a 1938 U.S. law called the Natural Gas Act that lets private energy companies seize “necessary” parcels of land for a project if they have obtained a certificate from the Federal Energy Regulatory Commission (FERC). It effectively gives private companies the power of eminent domain, in which government entities can take property in return for compensation.

A ruling in favor of New Jersey would weaken the Natural Gas Act by allowing states to object to any attempts to seize their land.

Although some justices appeared sympathetic to the state’s legal arguments, they also seemed cautious about issuing a ruling that would overturn the longstanding understanding of the law and potentially imperil the PennEast project and others like it.

Chief Justice John Roberts said that it is “quite extraordinary” that private entities have the power normally vested in the federal government to go to court to seize a state’s land. But Roberts also noted that New Jersey opposes the project, meaning that if it does win the case there would be a “significant practical problem.”

Justice Stephen Breyer pointed out that the Natural Gas Act was enacted precisely because states had objected to pipelines being built.

“That’s been the understanding for the last 80 years,” Breyer said in reference to the current process.

PennEast’s lawyer, Paul Clement, said the project would be “at the mercy of New Jersey” if the pipeline loses the case because there is no way to re-route it without the state’s involvement.

One way the court could avoid some of the knotty legal issues would be to embrace an argument raised by the Clement that the eminent domain action was technically brought against the land in question and not against the state.

Some justices suggested the legal problem could be resolved by the federal government joining the pipeline’s lawsuit. President Joe Biden’s administration backs PennEast in the case.

FERC in 2018 approved PennEast’s request to build the pipeline. The company then sued to gain access to properties along the route.

New Jersey did not consent to PennEast’s seizure of properties the state owns or in which it has an interest. The state cites the U.S. Constitution’s 11th Amendment, which bars courts from hearing certain lawsuits against states.

PennEast wants the land to build a pipeline designed to deliver 1.1 billion cubic feet per day of gas – enough to supply about 5 million homes – from the Marcellus shale formation in Pennsylvania to customers in Pennsylvania and New Jersey.

After a federal judge approved the property seizure, the Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled in 2019 that PennEast could not use federal eminent domain to condemn land controlled by the state. Also at issue in the case is whether the 3rd Circuit had jurisdiction to hear the appeal.

(Reporting by Lawrence Hurley; Additional reporting by Jan Wolfe; Editing by Will Dunham)

U.S.’s Blinken warned Germany’s Maas about Nord Stream 2 sanctions

By Robin Emmott

BRUSSELS (Reuters) – U.S. Secretary of State Antony Blinken said on Wednesday he had told his German counterpart that sanctions against the Nord Stream 2 natural gas pipeline were a real possibility and there was “no ambiguity” in American opposition to its construction.

Berlin has so far been betting the new U.S. administration of President Joe Biden will take a pragmatic approach to the project to ship Russian gas to Europe because it is almost completed, officials and diplomats have told Reuters.

Reiterating Biden’s concerns about the pipeline from Russia to Germany, Blinken said he told German Foreign Minister Heiko Maas on Tuesday in a private meeting that companies involved in the project risked sanctions, particularly at a point when construction might finish.

“I made clear that firms engaged in pipeline construction risk U.S. sanctions. The pipeline divides Europe, it exposes Ukraine and central Europe to Russian manipulation and coercion, it goes against Europe’s own stated energy goals,” Blinken told a news conference.

The Kremlin says Nord Stream 2, a $11 billion venture led by Russian state energy company Gazprom, is a commercial project, but several U.S. administrations have opposed the project and Europe has vowed to reduce its reliance on Russian energy.

The United States and eastern European Union countries such as Poland say Nord Stream 2 is part of Russian economic and political measures to manipulate European countries and undermine transatlantic ties.

“What I said (to Maas) was that we will continue to monitor activity to complete or certify the pipeline and if that activity takes place, we will make a determination on the applicability of sanctions,” Blinken said.

He said it was important to carry the message directly to Maas, “just to make clear our position and to make sure there is no ambiguity.”

Reuters reported on Feb. 24 that 18 companies recently quit work on the pipeline to avoid sanctions.

Asked about a possible compromise in which Germany’s energy grid regulator could be empowered to stop gas flowing if Russia crossed a line, Blinken declined to comment.

Last month, a former German ambassador to the United States floated the idea of a compromise between Washington and Berlin that would have given the completed pipeline a use as political leverage.

Triggers for what the former envoy, Wolfgang Ischinger, called an “emergency brake” might include a flare-up in violence between Ukraine and Russia, which annexed Ukraine’s Crimea peninsula in 2014, or if Moscow sought to undermine Kyiv’s existing gas transit infrastructure.

(Reporting by Robin Emmott; Editing by Andrew Heavens and Edmund Blair)

U.S. Supreme Court to hear pipeline company’s bid to seize New Jersey land

By Jan Wolfe

WASHINGTON (Reuters) – The U.S. Supreme Court on Wednesday agreed to hear a bid by a consortium of energy companies seeking to seize land owned by the state of New Jersey to build a $1 billion natural gas pipeline.

The justices agreed to take up an appeal by PennEast Pipeline Company LLC, a joint venture backed by energy companies including Enbridge Inc, of a lower court ruling in favor of New Jersey’s government, which opposed the land seizure.

Other companies in the consortium for the 120-mile (190-km) pipeline from Pennsylvania to New Jersey include South Jersey Industries Inc, New Jersey Resources Corp (NJR), Southern Co and UGI Corp.

At issue in the case is a 1938 U.S. law called the Natural Gas Act that allows private energy companies to seize “necessary” parcels of land for a project if they have obtained a certificate from the Federal Energy Regulatory Commission.

FERC in 2018 approved PennEast’s request to build the pipeline. The company promptly sued in federal court under the Natural Gas Act to use the federal government’s eminent domain power to gain access to properties along the route.

New Jersey opposed construction of the pipeline and did not consent to PennEast’s seizure of properties the state owns or in which it has an interest.

PennEast wants the land to build the pipeline, which is designed to deliver 1.1 billion cubic feet per day of gas – enough to supply about 5 million homes – from the Marcellus shale formation in Pennsylvania to customers in Pennsylvania and New Jersey.

The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled in 2019 that PennEast could not use federal eminent domain to condemn land controlled by the state.

(Reporting by Jan Wolfe; Editing by Will Dunham)

U.S. court allows Equitrans to keep building Mountain Valley natgas pipe

By Scott DiSavino

(Reuters) – The U.S. Fourth Circuit Court of Appeals rejected a motion to stay a permit for the $5.8-$6.0 billion Mountain Valley natural gas pipeline from West Virginia to Virginia.

Analysts said that court decision on Wednesday – not to stay the pipeline’s Biological Opinion – increases the odds Equitrans Midstream Corp can put the long-delayed project into service in the second half of 2021.

The Biological Opinion from the U.S. Fish and Wildlife Service allows construction in areas inhabited by endangered and threatened species.

Mountain Valley is one of several oil and gas pipelines delayed by regulatory and legal fights with environmental and local groups that found problems with permits issued by the Trump administration.

When Equitrans started construction in February 2018, it estimated Mountain Valley would cost about $3.5 billion and be completed by the end of 2018.

The 303-mile (487.6 km) pipeline was designed to deliver 2 billion cubic feet per day of gas from the Marcellus and Utica shale in Pennsylvania, Ohio and West Virginia to consumers in the Mid Atlantic and Southeast. One billion cubic feet is enough to supply about 5 million U.S. homes for a day

Analysts said denial of the stay allows Equitrans to continue construction in areas other than the 25-mile (40-km)exclusion zone surrounding the Jefferson National Forest while the court considers the merits of appeals against the Biological Opinion.

Analysts at Height Capital Markets said the U.S. Federal Energy Regulatory Commission may decide soon to reduce that exclusion zone to 7.7 miles.

Height Capital Markets also said Mountain Valley must begin applying for an individual stream crossing permit in case it loses an ongoing lawsuit against its Nationwide Permit or President-elect Joe Biden’s administration remands the permit, both of which seem probable.

The Nationwide Permit from the U.S. Army Corps of Engineers allows the project to cross waterbodies.

“We continue to have high conviction that the project will be completed, though the Biden administration could delay the ultimate in-service date to 2022,” Height Capital Markets said.

Mountain Valley is owned by units of Equitrans, NextEra Energy Inc, Consolidated Edison Inc, AltaGas Ltd and RGC Resources.

(Reporting By Scott DiSavino; Editing by Marguerita Choy)